Remedies against unfair or unlawful termination without notice

Irrespective of the kind of the employment contract, if it was terminated without notice in an unfair or unlawful manner, the employee may file for:

  • reinstatement to his or her previous position or
  • damages.

The choice of the remedy to make use of belongs to the employee.

The amount of damages depends on the kind of the employment contract:

  • if an employment contract for indefinite time was terminated without notice, the damages equal, as a rule, to the employee’s wages for the applicable notice period;
  • if an employment contract for definite time was terminated without notice, the damages equal, as a rule, to the employee’s wages for the time, until which the terminated employment contract was supposed to last, though for no longer then 3 months.

The court may award damages even if the employee demanded otherwise if it is found that, despite the termination being unfair or unlawful, it would be impossible or purposeless to continue employment.

Specifically in relation to employment contracts for definite time, sometimes the employee may be entitled to damages only. This restriction applies in situations where the period for which the employment contract was supposed to remain in force has already lapsed or where the period in question is so short that reinstatement seems inexpedient judging by the facts of the case.

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Remedies against unfair or unlawful termination with notice. Vol.2

In contrast to the employment contract for indefinite time, termination of the employment contract for definite time may only be challenged at court if it was unlawful, i.e. violated statutory provisions related to termination. From the legal standpoint, there is no such thing as an unfair termination of the employment contract for definite time because when you terminate a contract of that kind by notice you don’t need to give a justifying reason.

This affects the scope of remedies available to an employee whose employment contract was definite time was terminated. Namely, reinstatement to the previous position is, as a rule, excluded and the employee may only claim damages.

The amount of damages which may be awarded by the court will be equal to the employee’s wages for the time, until which the terminated employment contract was supposed to last, though for no longer then 3 months.

Again, a court dispute initiated by the employee may be resolved by means of a settlement, the subject-matter of which may vary, depending on the parties’ mutual arrangements, e.g. it may provide for a different amount of damages or a different manner of termination of employment.